Always write substantive conclusions in legal briefs.

Don't squander opportunities to persuade a judge.

Many attorneys conclude legal briefs with some version of this sentence: “For the foregoing reasons, Plaintiff respectfully requests that the motion be denied.” That’s a squandered opportunity to persuade the judge of your position.

Mindless conclusions like “For the foregoing reasons” violate two principles I illustrate throughout Elegant Legal Writing:

1. No ritual phrases. Never use contentless, formulaic ritual phrases: they are a tiresome misuse of space.

2. No pointless text. Ensure that every section, paragraph, sentence, detail, and citation in your brief is there for a reason. All the text in your final document should pass this test: you considered cutting it but concluded that it should be kept because it provides information the judge needs while motivating them to rule in your favor.

Litigation briefs and motions should conclude by succinctly restating your legal conclusions, requested relief, and the strongest reasons supporting your position. Include substantive conclusions such as those in the screenshots below (each drawn from a Rushing McCarl LLP brief).

Example conclusions from litigation briefs filed by Rushing McCarl LLP (https://rushingmccarl.com)

It’s safest to assume that the judge will skim your brief rather than read it from start to finish, and one place they may look for information is your conclusion. Additionally, endings are structurally emphatic: a conclusion is a natural place of emphasis because of its position at the end of a document. Don’t waste opportunities to persuade just because other attorneys do so.

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Ryan McCarl is a founding partner of Rushing McCarl LLP, author of Elegant Legal Writing (U. Cal. Press 2024), and adjunct professor at Loyola Law School. For more writing tips, subscribe to the Elegant Legal Writing newsletter and follow Ryan on LinkedIn. McCarl’s book is now available on Amazon.

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